G.R. No. 121628 December 4, 1997
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. REX TURINGAN y BABARAN and EFREN TURINGAN y MARAGGUN, accused. REX TURINGAN y BABARAN, accused-appellant.

FACTS

Accused-appellant Rex Turingan and his co-accused Efren Turingan were charged with Murder before the Regional Trial Court of Tuguegarao, Cagayan for the killing of Benjamin C. Cortez on August 2, 1987, in Enrile, Cagayan. The information alleged they conspired, armed with a gun, and shot Cortez with evident premeditation and treachery. Both pleaded not guilty. The prosecution presented ten witnesses. Their summarized testimonies are:
1. Francisco Accad initially stated he saw Rex Turingan shoot Cortez at the Enrile Cockpit but later retracted, claiming his sworn statement was made under duress from PC soldiers.
2. Alicia Liberato, an NBI forensic chemist, testified that a paraffin test on Efren Turingan conducted on August 3, 1987, yielded positive results for both hands.
3. Dr. Eugenio Dayag, the Municipal Health Officer, conducted a post-mortem examination and found two fatal gunshot wounds on Cortez’s head and chest, either of which would cause death within minutes.
4. Cpl. Trinidad Cuarteros, a police investigator, took the statement of witness Leon Manaois.
5. M/Sgt. Eduardo Laungayan, a CIS investigator, took statements from four witnesses, including Accad, and denied maltreating them. The witnesses were medically examined and found with no external injuries.
6. P/Lt. Elipio Palattao, OIC of the Enrile Police Station, testified that in the afternoon of August 2, 1987, Rex Turingan arrived on a motorcycle and surrendered Efren Turingan, stating Efren had killed Cortez. Efren confessed to Palattao that he shot Cortez with a handgun but threw it away. Palattao later went to the cockpit and was told by Alfonso Gorospe that he (Gorospe) was shot by Rex Turingan.
7. Lito Mabazza testified he was at the cockpit on August 2, 1987, and heard a gunshot. He saw Rex Turingan shoot Cortez, who fell on a bamboo bench. Rex then came nearer, held Cortez’s head, and fired another shot. He heard three gunshots. He reported the incident to Cortez’s children.
8. Allan Miramonte, the prosecution’s star witness, testified he was at the cockpit on August 2, 1987. He saw Rex Turingan stop his motorcycle, proceed to where Cortez and companions were drinking, and shoot Cortez. Cortez raised his hands in surrender but was shot again, fell on a bench, and was shot in the head. Miramonte left after the shooting and later testified after being confronted by his grandmother years later.
9. Alfonso Gorospe testified he was drinking beer at the cockpit when he heard a commotion and the cocking of a gun. He saw Rex Turingan and Felix Cuntapay with guns. Rex pointed a gun at his chest; Gorospe pushed the gun away and heard two gunshots. After, he saw Cortez fall with blood oozing from his head. Gorospe felt a pain in his abdomen but did not file a complaint as he did not see who shot him.
10. Ana Cortez, the victim’s widow, testified her husband left for the cockpit on August 2, 1987. She was later informed he was shot dead by Rex Turingan. She went to the cockpit and saw her husband’s body being carried. She also testified that on the night before the killing, her husband confided a problem regarding the non-payment of a contract work of Rex Turingan.

ISSUE

The core issue is the sufficiency of the prosecution’s evidence to prove the guilt of the accused-appellant Rex Turingan for the crime of Murder beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction. The trial court correctly denied the demurrer to evidence filed by the defense. The prosecution evidence, particularly the testimonies of eyewitnesses Lito Mabazza and Allan Miramonte, positively identified Rex Turingan as the perpetrator who shot Benjamin Cortez multiple times. The retraction of Francisco Accad was deemed unreliable, and his original testimony corroborated the eyewitness accounts. The positive paraffin test on co-accused Efren Turingan, coupled with his extrajudicial confession to P/Lt. Palattao (though not admissible against Rex), and the testimony of Alfonso Gorospe, supported the finding of conspiracy. The qualifying circumstances of treachery were present as the attack was sudden and unexpected, rendering the victim unable to defend himself. The court found the evidence sufficient to establish Rex Turingan’s guilt for Murder beyond reasonable doubt.